Texas 2025 - 89th Regular

Texas Senate Bill SB1212 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2963 EAS-D
2	2	By: Paxton S.B. No. 1212
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution and punishment for the offense of
10	10	trafficking of persons; increasing a criminal penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 20A.02(a), Penal Code, is amended to
13	13	read as follows:
14	14	(a) A person commits an offense if the person knowingly:
15	15	(1) traffics another person with the intent that the
16	16	trafficked person engage in forced labor or services;
17	17	(2) receives a benefit from participating in a venture
18	18	that involves an activity described by Subdivision (1), including
19	19	by receiving labor or services the person knows are forced labor or
20	20	services;
21	21	(3) traffics another person and, through force, fraud,
22	22	or coercion, causes the trafficked person to engage in conduct
23	23	prohibited by:
24	24	(A) Section 43.02 (Prostitution);
25	25	(B) Section 43.03 (Promotion of Prostitution);
26	26	(B-1) Section 43.031 (Online Promotion of
27	27	Prostitution);
28	28	(C) Section 43.04 (Aggravated Promotion of
29	29	Prostitution);
30	30	(C-1) Section 43.041 (Aggravated Online
31	31	Promotion of Prostitution); or
32	32	(D) Section 43.05 (Compelling Prostitution);
33	33	(4) receives a benefit from participating in a venture
34	34	that involves an activity described by Subdivision (3) or engages
35	35	in sexual conduct with a person trafficked in the manner described
36	36	in Subdivision (3);
37	37	(5) traffics a child or disabled individual with the
38	38	intent that the trafficked child or disabled individual engage in
39	39	forced labor or services, regardless of whether the person knows
40	40	the age of the child or whether the person knows the victim is
41	41	disabled;
42	42	(6) receives a benefit from participating in a venture
43	43	that involves an activity described by Subdivision (5), including
44	44	by receiving labor or services the person knows are forced labor or
45	45	services, regardless of whether the person knows the age of the
46	46	child or whether the person knows the victim is disabled;
47	47	(7) traffics a child or disabled individual,
48	48	regardless of whether the person knows the age of the child or
49	49	whether the person knows the victim is disabled, and by any means
50	50	causes the trafficked child or disabled individual to engage in, or
51	51	become the victim of, conduct prohibited by:
52	52	(A) Section 21.02 (Continuous Sexual Abuse of
53	53	Young Child or Disabled Individual);
54	54	(B) Section 21.11 (Indecency with a Child);
55	55	(C) Section 22.011 (Sexual Assault);
56	56	(D) Section 22.021 (Aggravated Sexual Assault);
57	57	(E) Section 43.02 (Prostitution);
58	58	(E-1) Section 43.021 (Solicitation of
59	59	Prostitution);
60	60	(F) Section 43.03 (Promotion of Prostitution);
61	61	(F-1) Section 43.031 (Online Promotion of
62	62	Prostitution);
63	63	(G) Section 43.04 (Aggravated Promotion of
64	64	Prostitution);
65	65	(G-1) Section 43.041 (Aggravated Online
66	66	Promotion of Prostitution);
67	67	(H) Section 43.05 (Compelling Prostitution);
68	68	(I) Section 43.25 (Sexual Performance by a
69	69	Child);
70	70	(J) Section 43.251 (Employment Harmful to
71	71	Children); or
72	72	(K) Section 43.26 (Possession or Promotion of
73	73	Child Pornography); or
74	74	(8) receives a benefit from participating in a venture
75	75	that involves an activity described by Subdivision (7) or engages
76	76	in sexual conduct with a child or disabled individual trafficked in
77	77	the manner described in Subdivision (7), regardless of whether the
78	78	person knows the age of the child or whether the person knows the
79	79	victim is disabled.
80	80	SECTION 2. Section 20A.02(b), Penal Code, as amended by
81	81	Chapters 93 (S.B. 1527) and 452 (H.B. 3554), Acts of the 88th
82	82	Legislature, Regular Session, 2023, is reenacted and amended to
83	83	read as follows:
84	84	(b) Except as otherwise provided by [this subsection and]
85	85	Subsection (b-1), an offense under this section is a felony of the
86	86	[second degree. An offense under this section is a felony of the]
87	87	first degree [if:
88	88	[(1) the applicable conduct constitutes an offense
89	89	under Subsection (a)(5), (6), (7), or (8), regardless of whether
90	90	the actor knows the age of the child or whether the actor knows the
91	91	victim is disabled at the time of the offense;
92	92	[(2) the commission of the offense results in serious
93	93	bodily injury to or the death of the person who is trafficked; or
94	94	[(3) the commission of the offense results in the
95	95	death of an unborn child of the person who is trafficked; or
96	96	[(4) the actor:
97	97	[(A) used or exhibited a deadly weapon during the
98	98	commission of the offense;
99	99	[(B) intentionally, knowingly, or recklessly
100	100	impeded the normal breathing or circulation of the blood of the
101	101	trafficked person by applying pressure to the person's throat or
102	102	neck or by blocking the person's nose or mouth].
103	103	SECTION 3. Section 20A.02(b-1), Penal Code, as amended by
104	104	Chapters 451 (H.B. 3553) and 452 (H.B. 3554), Acts of the 88th
105	105	Legislature, Regular Session, 2023, is reenacted and amended to
106	106	read as follows:
107	107	(b-1) An offense under this section is a felony of the first
108	108	degree punishable by imprisonment in the Texas Department of
109	109	Criminal Justice for life or for a term of not more than 99 years or
110	110	less than 25 years if it is shown on the trial of the offense that
111	111	the actor committed the offense in a location that was:
112	112	(1) on the premises of or within 1,000 feet of the
113	113	premises of:
114	114	(A) a school; [or]
115	115	(B) an institution of higher education or private
116	116	or independent institution of higher education, as defined by
117	117	Section 61.003, Education Code; [or]
118	118	(C) [(B)] a juvenile detention facility;
119	119	(D) [(C)] a post-adjudication secure
120	120	correctional facility;
121	121	(E) [(D)] a shelter or facility operating as a
122	122	residential treatment center that serves runaway youth, foster
123	123	children, people who are homeless, or persons subjected to human
124	124	trafficking, domestic violence, or sexual assault;
125	125	(F) [(E)] a community center offering youth
126	126	services and programs; or
127	127	(G) [(F)] a child-care facility, as defined by
128	128	Section 42.002, Human Resources Code; or
129	129	(2) on the premises where or within 1,000 feet of the
130	130	premises where:
131	131	(A) an official school function was taking place;
132	132	or
133	133	(B) an event sponsored or sanctioned by the
134	134	University Interscholastic League was taking place.
135	135	SECTION 4. Section 2(a), Article 38.37, Code of Criminal
136	136	Procedure, is amended to read as follows:
137	137	(a) Subsection (b) applies only to the trial of a defendant
138	138	for:
139	139	(1) an offense under any of the following provisions
140	140	of the Penal Code:
141	141	(A) Section 20A.02(a)(5),(6),(7), or (8)
142	142	[20A.02, if punishable as a felony of the first degree under Section
143	143	20A.02(b)(1)] (Labor or Sex Trafficking of a Child or Disabled
144	144	Individual);
145	145	(B) Section 21.02 (Continuous Sexual Abuse of
146	146	Young Child or Disabled Individual);
147	147	(C) Section 21.11 (Indecency With a Child);
148	148	(D) Section 22.011(a)(2) (Sexual Assault of a
149	149	Child);
150	150	(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
151	151	Sexual Assault of a Child);
152	152	(F) Section 33.021 (Online Solicitation of a
153	153	Minor);
154	154	(G) Section 43.25 (Sexual Performance by a
155	155	Child); or
156	156	(H) Section 43.26 (Possession or Promotion of
157	157	Child Pornography), Penal Code; or
158	158	(2) an attempt or conspiracy to commit an offense
159	159	described by Subdivision (1).
160	160	SECTION 5. The change in law made by this Act applies only
161	161	to an offense committed on or after the effective date of this Act.
162	162	An offense committed before the effective date of this Act is
163	163	governed by the law in effect on the date the offense was committed,
164	164	and the former law is continued in effect for that purpose. For
165	165	purposes of this section, an offense was committed before the
166	166	effective date of this Act if any element of the offense occurred
167	167	before that date.
168	168	SECTION 6. This Act takes effect September 1, 2025.